JUDGMENT

Devendra Kachhawaha, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No. 37/2022, Police Station Railmagra, registered for the offences punishable under Sections 379/34 of the Indian Penal Code.

2. Heard learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioner stated that the offences are triable by the Magistrate; that the accused-petitioner is in judicial custody since 10.02.2022; that the brother of the petitioner (Kalu) expired on 26.02.2022; that no investigation or recovery is pending against the accused-petitioner; and that the trial will take time, therefore, benefit of bail may be granted to the accused-petitioner.

4. Per contra, learned Public Prosecutor, while submitting a copy of the factual report, has opposed the bail application of the accused-petitioner and stated that earlier, three other cases have been registered against the accused-petitioner and in one of them, the petitioner has been convicted for the offences punishable under Section 8/25 of the NDPS ac